Right to Remain Silent
No person has to make any statements to police or other agents of the government. This means that if police ask questions of a person, that person can not be forced to make statements that would incriminate him. If a person does make statements, then those statements can be used against them at trial. This right does not include any ability to make statements to police that are untrue or misleading. If a person decides to remain silent, then that fact can not be held against them at trial.
Right to have a lawyer present during questioning.
Every person has a right to legal counsel when they have been arrested (or otherwise held in custody) and are being questioned by police. If a person has been asked to answer questions and requests that a lawyer be present to assist him, then police have to stop the questioning and can only continue once a lawyer is present. The questioning can also continue if the person asks to continue talking to police after asking for an attorney. Police cannot request that a person answer questions after that person has asked for an attorney to assist them.
Right to refuse to be searched.
A person has the right to refuse a search by law enforcement of their person, vehicle or residence. Police may only search if they have probable cause, if they already have a search warrant, or if they person allows them to search. If police ask a person for permission to search, that means that police want to search but do not have either probable cause or a search warrant. If the person refuses to allow the search, and the police search anyway, then whatever was found by that search could be suppressed and not allowed to be used at trial against the person. If a person refuses to allow police to search, that refusal cannot be used against the person at trial.
